Annexure I

MANUAL OF GOVERNMENT ORDERS

CHAPTER 15

RULES REGARDING POLITICAL AND NON-SERVICE PENSIONS

204. Classes of pensions—Subject to the provisions of the Civil Service Regulations, the following rules are prescribed with regard to the classes of pensions enumerated below :

(1) Strictly political pensions, including all allowances and assignments granted under treaties and engagements.

(2) Pensions not strictly political, viz. —

*(a) pensions specified in clause 2, Section 7 of the Pensions Act, 1871 (XXIII of 1871);

(b) pensions granted as indemnity for loss sustained by the resumption of land by the British Government;

(c) pensions for the maintenance of religious endowments;

(d) charitable pensions, not being allowances and assignments under treaties and engagements.

*NOTE—Pensions specified in clause 2, Section 7 of the Pensions Act, 1871 (XXIII of 1871), include pensions granted under Section 2, Regulation XXXIV of 1795 and under Section 2, Regulation XXIV of 1803. The Government of India in Order no. 350, Department of Revenue, Agriculture and Commerce, dated the 10th May, 1877, accepted the view of the Advocate General that such pensions are subject to resumption only on the complete failure of heirs, lineal and collateral of either the original grantee or the person to whom the whole or any part of the pension has been transferred. The Government, North Western Provinces (now Uttar Pradesh) accordingly in Order no. 1042-A, Revenue Department, dated the 5th June, 1877, authorized the restoration of any pensions payable under Section 2 of the Regulations noted above which had been irregularly withheld under its rulings of 1834, 1835-36, 1856 and 1860 (viz. that such pensions were inheritable in the line of direct descent only, and that alienation was no bar to their lapsing on the failure of lineal heirs of the original grantees), and sanctioned the payment of such arrears of those pensions as might be recovered from Government by suit under Article 118, Schedule II, Indian Nimitation Act, 1871 (IX of 1871), i.e. for six years or even for a longer period where the term of limitation was enlarged under the Act.

205. Maintenance of pension register—A register in the form given at the end of this Chapter shall be maintained in district offices for the classes of pensions enumerated in above paragraph. The register shall be divided into four parts so as to show separately the four classes of pensions specified in the a fore-mentioned paragraph.

206. Payments where pensioners exempted from attendance—(1) Ordinarily all hereditary pensions shall be paid only in the districts within which the original grantees, their lineal descendents or heirs reside, and to the grantees or their representatives in person. If the grantees or their heirs are females, or due to bodily infirmity are unable to appear in person or are excused by special permission from personal attendance, they may be exempted from personal attendance. Government may also grant exemption to pensioners of high rank from personal attendance and from the operation of any rules made for the identification of pensioners. In all such cases of exemption from personal appearance, the payment of pension may be made to a duly authorized agent on production of the power of attorney and a life certificate signed by the tahsildar of the tahsil within which the person or persons entitled to pensions reside ; the life certificate should certify that such person or persons were alive on the last day of the calendar month for which the pension applied for is due.

(2) Where a sarkabz or agent is permitted to draw a political pension on behalf of his principals he may, in lieu of filing life certificate signed by the tahsildar, furnish life certificates attested either by a gazetted Government Officer or by two well-known political pensioners or respectable persons for each individual on whose behalf he is authorized to receive pension. Such authority shall in the case of all persons drawing pensions through an accredited agent or sarkabz be given by stamped power of attorney except in cases covered by sub-para (3) below.

G.O. No. 3149/III-364-42, dated October 14, 1942

(3) Where a female pensioner is in receipt of a pension of Rs. 10 or less but does not wish to attend the treasury personally to receive payment, she may be exempted from such attendance if she intimates to the Treasury Officer, by letter, the person to whom payment should be made on her behalf. The person so nominated should bring her receipt and also her Pension Payment Order. The same procedure should also be adopted in the case of male pensioners drawing a political pension of Rs. 3 per month or less.

A fresh letter of authority should be required once a year or whenever the person authorized is changed.

(4) Life certificates of political pensioners and the separate receipt to be furnished by agents or sarkabzes receiving payment on their behalf should be submitted by the Treasury Officer to the Accountant General every month along with the monthly accounts.

NOTE—The provisions in sub-paras (2) and (3) above apply to cases where payment of a political pension is made through a sarkabz or agent. The sarkabzi system is an old method of making payment of monthly political pensions to members of a particular family. The sarkabz is generally the head or trustworthy member of the family who is selected by his family members to draw the pensions due on their behalf. The sarkabz must furnish the necessary life certificates specified above and except in cases covered by sub-para (3) he must also furnish a stamped power of attorney authorizing him to receive payment on behalf of the pensioners by whom accredited. The sarkabz is responsible for disbursement of the aggregate amount of pension drawn to the persons on whose behalf he has received payment.

207. Payment of arrears—Pensions not drawn regularly may only be disbursed by Treasury Officers on their own authority if the period which elapsed since the last drawal does not exceed one year. If the said period exceeds one year but does not exceeds two years, the sanction of the District Officer is required; if it exceed two years but does not exceed six years, the sanction of the Commissioner is required; and if it exceeds six years, the sanction of the Government is required.

G. O. no. 864/I-258 dated the 23rd May, 1917.

NOTE—1—These orders, however, do not apply to the payment of arrears of Malikana allowances which is to be made in accordance with the orders stated below:

‘Pensions not drawn regularly may be disbursed by the Treasury Officers on their own authority if the period which has elapsed since the last drawal does not exceed one year. If the said period exceeds one year but does not exceed three years, the sanction of the District Officer is required; and if it exceeds three years, the sanction of the Government is required.

G. O. no. 1724/IC-6C-52 dated August 23, 1952, G. O. no. 1166/IV-100-24, dated the 13th May, 1924

NOTE—2—The Pension Payment Order in the case of political pensioners who have not drawn their pension for more than a year, need not be reurned to the Accountant General, Uttar Pradesh as required by Article 956 of the Civil Service Regulations.

208. Continuance of pensions—Commissioners are authorized to decide all claims as regards continuance of hereditary pensions, subject to appeal to the State Government. All other claims for continuance of pensions shall be reported by the Commissioner to Government.

209. Commutation of pensions—(1) The State Government can commute without previous reference to the Government of India hereditary pensions not exceeding Rs. 60 a year in value. In other cases, reference must be made to the Government of India.

(2) Every application for commutation shall be submitted to the State Government through the Accountant General who will in transmitting its report as to the amount payable in commutation as required by the Government of India Notification No. 4439, dated the 2nd December, 1886, Department of Finance and Commerce.

G.O. no. 1196/IV-315, dated the 24th December, 1914.

210. Rate of commutation—The rate of commutation of each political pension will be determined in accordance with paragraph 2 of the Government of India, Finance Department confidential letter no. 10537-G-I, dated December 28, 1934.

211. Verification by Magistrate of application for commutation—When any person who holds a hereditary or transferable pension applies to transfer the whole or a part to another persons or when the holder of such a pension applies for commutation of the whole or part of it, the application shall be verified before a Magistrate.

Report on application for commutation—In submitting the application for commutation of hereditary political pensions, a report shall be furnished on the following points:

(i) That the desirability of commuting the pensions has been fully considered in the light of the fact that such pensions are to some extent a guarantee of good behaviour and loyalty to Government.

(ii) That due provision has been made to secure that the Government will not be called on later to relieve distressed pensioners or their dessendents.

G. O. no. 638/IV-20 dated the 14th July, 1914.

213. Transfers of pensions—Transfers of strictly political pensions from one State to another, and from one treasury to another, require the sanction of Government. Transfers of all pensions enumerated in clause (2), paragraph 204, from one district to another within a division require the sanction of the Commissioner, and from one division to another, or from one State to another the sanction of the Government.

(2) When the transfer of a pension from one State to another is recommended by a Commissioner, a narrative of the origin and particulars of the pension proposed for transfer together with a copy of the descriptive roll of the pensioner, or pensioners if there be more than one, and a certificate of last payment must be submitted with the application. If the transfer is sanctioned, a copy of these documents together with a report of such transfer, must be furnished to the Accountant General of both the States and to the Commissioner of the division and to the Treasury Officer concerned.

(3) No transfers of pensions for payment in districts other than those in which the grantees ordinarily reside should be recommended save under very exceptional circumstances, and when personal attendance is also excused, a power of attorney and a life certificate signed by the tahsildar of the tahsil within which the grantees ordinarily reside, and countersigned by the Treasury Officer of the same district, shall in all cases be produced by the agent of the persons applying for payment before payment of the pension can be made.

214. Divisions, resumption or consolidation of pension—No division among joint holders of any such pension or grant as is described in Section 4 of the Pensions Act, 1871, must be made without the sanction of the Commissioner.

All proposals to resume any such pension must be referred for the orders of the Government, unless the term during which it was to be enjoyed was expressly defined and has expired.

The consolidation of pensions enumerated in paragraph 204 (2) may be authorized by Commissioners.

215. Certificate of claims relating to pension—When a claim relating to any such pension or grant is preferred to a District Officer under section 5 of the Pensions Act, 1871, such District Officer may, with the sanction of the Commissioner, certify that such claim may be tried by civil court.

216. Political pensions payable in Avadh and to the Delhi Royal Family:—Rules regarding the payment of political pensions in Avadh and to the Delhi Royal Family are contained in the Wasika Manual.

Register of pensions under paragraph 205 of the Manual of Government Orders drawn from the….............................................................................….Treasury.

All successions which will take place will be entered in red ink in column 2 of the register, and the number and date of the order sanctioning succession will likewise be entered in red ink in column 4 below the number and date of the Government Order under which the pension was originally sanctioned.

HOME (GENERAL) DEPARTMENT

POLITICAL PENSIONS

CHAPTER 26

(Manual of Government Orders)

FINANCIAL RELIEF AND OTHER FACILITIES TO FIGHTERS OF FREEDOM AND THEIR DEPENDANTS

308. Since 1947 after Independence, fighters of freedom and the members of their families are being given pensions and lump-sum grants regularly. Initially there were no rules for giving pensions and lump-sum grants. This facility was available to such freedom fighters only who had undergone six months’ imprisonment or more, but the amount was very inadequate. The State Government regularised the scheme for the grant of pensions and lump-sum grants to the fighters of freedom by promulgating rules in this behalf from February 25, 1972. As a result of these rules having been further regularised from 6th of August, 1975, fighters of freedom have stood to gain substantially.

309. Amount of Pension.—(1) The minimum and maximum rates of pension admissible to freedom fighters under these rules are Rs. 60 and Rs. 100 p. m. respectively.

(2) Eligibility for pension—Only such persons as are domiciled in Uttar Pradesh and have suffered the following punishments in connection with Indian Freedom Struggle will be eligible for pension:—

(1) Persons who have undergone two months’ imprisonment as a convict.

(2) Persons who have been detained or imprisoned for a period of three months as an under-trial prisoner.

(3) Persons who have suffered conviction of 10 strips.

(4) Persons who have been wounded by bullets.

(5) Persons who have attained martyrdom.

(6) Persons who have been declared absconders.

In addition to this, persons of the following categories will also be included in the definition of fighters of freedom:

( i ) Soldiers of ex-Indian National Army.

( ii ) Members of the India Independence League.

( iii ) Persons associated with Peshawar Kand.

( iv ) Persons released under Gandhi-Irwin Pact of 1931.

( v ) Persons who were removed from service for taking part in the freedom struggle.

( vi ) Persons associated with Kamagata Maru Case or Ghadar Party of 1912.

( vii ) Persons whose movable property was confiscated or auctioned for having taken part in freedom struggle and not returned to them.

( viii ) Persons who suffered punishments for having taken part in movements launched in connection with merger of the Indian States and the French or Protuguese Colonies in the Indian Union.

310. Family Pension—Family pension is payable to an eligible member from the next day following the death of a fighter of freedom. For this purpose, the consecutive order in which pension is payable shall be (1) widow, (2) eldest minor living and (3) eldest minor unmarried daughter living.

311. Lump-sum grants—In addition to pension, there is a provision for payment of lump-sum grants to fighters of freedom and their family members for one or more than one purpose; provided that the amount of lump-sum grant for all the purposes taken together shall not exceed Rs. 2,000 in a financial year. Grant is given for the following purposes:

( i ) for the marriage of daughters and dependent sisters.

( ii ) for medical treatment of the fighter of freedom and his dependents.

( iii ) for meeting a calamity or other extraordinary financial difficulty; and

( iv ) for the education of children of a fighter of freedom.

Widow of the son of freedom fighter and his grand son/grand daughter whose father has died, will also be eligible of the grant for the purposes mentioned above.

312. Other facilities – In addition to pensions and lump-sum grants, the following facilities are also available to fighters of freedom and their dependents :—

( i ) Free medical treatment in hospitals at par with Class I Officers.

( ii ) Allotment of land by Revenue Department.

( iii ) Allotment of houses by Housing Department.

( iv ) Grant of stipends by Education Department.

( v ) Reservation in services by Karmik Vibhag.

313. Procedure for sanctioning Pensions and lump-sum grants — Application has to be submitted in the prescribed form for payment of pension and lump-sum grants. The applicant is required to furnish a certificate in support of the sufferings undergone by him. After examination in the sections, the applications, which are found in order, are submitted through the Director, Freedom Fighters Welfare Board, U. P., to the Minister for Political Pensions, who determines the amount of pensions/grant in his discretion.

314. Welfare Board for freedom fighters:— A Welfare Board for fighters of freedom was established in 1973 with the object that it may consider the matters connected with their welfare and give its advice to government and also to remove the difficulties which arise in securing facilities provided by various departments, through correspondence and personal contacts. In addition to this, identity cards are issued to fighters of freedom by the Welfare Board so that there may be no difficulty in getting medical and educational facilities in the hospitals and educational institutions respectively.

315. Swatantrata Sangram Senani Seva Sadan — ( 1 ) A Swatantrata Sangram Senani Seva Sadan has been established at A-2 Niralanagar, Lucknow for old, physically handicapped, helpless and financially hard hit fighters of freedom. Arrangement has been made for permanent residence and food etc. of 25 fighters of freedom in the Seva Sadan. Besides this, facilities of first-aid, reading room, library and entertainments of different varieties are also available in the Seva Sadan. Fighters of freedom getting pension up to Rs. 80 per mensem have been provided with facilities of free permanent residence, food etc. and those getting pension of more than Rs 80 per mensem have to pay charges ranging from Rs 20 to Rs 60 per mensem for this purpose.

(2) Casual visitors among freedom fighters who came to Lucknow from various districts can stay in Seva Sadan for a short period. According to rules, the casual visitors have to pay nominal charges for food and their stay in the Seva Sadan. Persons desiring entry into Seva Sadan have to show their identity cards at the time of their entry.

CHAPTER 52

(Manual of Government Orders)

FINANCIAL RULES AND ORDERS

483. Departmental rules—The rules and orders of Government in the Finance Department are contained in a number of separate publications. A list of those, which are of more general interest, is given below:

(1) Civil Service Regulations, and the U. P. Retirement Benefits Rules, 1961.

(1-A) Appendices to the Civil Service Regulations.

(2) U. P. Stamp Manual.

(3) Registration Manual.

(4) Government Securities Manual.

(5) Financial Handbook, Volume I.

(6) Financial Handbook, Volume II, Parts II-IV.

(7) Financial Handbook, Volume III.

(8) Financial Handbook, Volume V, Parts I and II.

(9) Financial Handbook, Volume VI.

(10) Financial Handbook, Volume VII.

(11) U. P. Budget Manual.

(12) Sub-Treasury Manual.

(13) Central Government Compilation of Treasury Rules (Part XIV-Executive Instructions).

(14) Treasury Manual.

(15) Manual of State Provident Fund Rules consisting of :

(i) General Provident Fund (U. P.) Rules.

(ii) Contributory Provident Fund (U. P.) Rules.

(iii) U. P. Contributory Provident Fund Pension-Insurance Rules, 1948.

(iv) U. P. Local Fund Audit Manual.

484. Substance of Publications – To facilitate reference, a brief though not necessarily complete summary of the principal contents of each of the above publications is given below. This is intended to direct officers to the precise publication containing detailed rules or orders on any particular subject pertaining to the Finance Department. The Treasury Officer is expected to be acquainted with the financial rules with which a District Officer is concerned in his day-to-day work and should, when requested, assist him by including the rules applicable in any matter under reference.

(1) The Civil Service Regulations—Rules regarding pensions are to be found in the Civil Service Regulations; in particular, rules on the following points should be noted :

(2) The U.P. Stamp Manual—This manual pertains to the administration of the Indian Stamp and Court Fees Acts and contains those Acts, with commentaries as also the rules and orders issued under those Acts by the Central and State Governments or the Board of Revenue.

(3) The Registration Manual—This consists of two parts – the first part contains the Indian Registration Act, 1908, with commentaries while the second part contains the rules and orders relating to the establishment employed for registration works, office regulations, the duties of and procedure to be followed by registering officers and provision for inspections.

(4) The Government Securities Manual—This is a Central Government publication and pertains to the administration of the Indian Securities Act, 1920 as amended from time to time. It relates to matters connected with securities held by Government officers in their official capacity, deposit of promissory notes for safe custody at treasuries, renewal of securities, consolidation and sub-division of securities, conversion of security from one form to another etc. The rules contained in this Manual are also followed by the State Government.

(5) The Financial Handbook, Volume I (Book of Financial Powers)—The Financial Handbook, Volume I, describes the general financial powers of the State Government and indicates the extent to which they may be exercised by Government and the subordinate authorities to whom they have been or may be delegated. It states which authorities are competent to create temporary or other posts, sanction allowances, sale or lease of Government lands or buildings, place contracts and purchase articles for Government use, write off irrecoverable dues or any kind of losses, incur contingent and other miscellaneous expenditure, etc. It also explains the procedure for the communication to the Accountant General of financial sanctions accorded by various authorities in exercise of the power delegated to them.

(6) The Financial Handbook, Volume II, Parts II-IV (Fundamental and Subsidiary Rules)—The Financial Handbook, Volume II, contains the Fundamental Rules, regulating the general conditions of service under Government, fixation of pay and the grant of personal or special pay, holding of more than one appointment at a time simultaneously and the grant of additional pay therefor, estimation and recovery of rent for residence provided by Government for its servants, deputations out of India, dismissal and suspension of Government servants and the grant of subsistence allowance during the period of suspension, age of compulsory retirement for different classes of Government servants, acceptance of honoraria and fees by Government servants, various kinds of leave admissible to different classes of Government servants, and the rules and procedure for the grant of joining time, transfer to foreign service, determination of domicile for the purpose of overseas pay, and conditions of service of Government servants paid from local funds administered by Government.

It also contains the subsidiary rules framed by the State Government under the Fundamental Rules, and gives a list of the authorities to whom powers have been delegated by Government under the various fundamental, subsidiary rules and the extent to which such powers have been delegated.

(7) The Financial Handbook, Volume III (Travelling Allowance Rules)—The Financial Handbook, Volume III contains the Travelling Allowance Rules of the State Government. It explains, inter alia, how Government servants have been classified for purposes of travelling allowance, the kinds of journeys for which travelling allowance may be allowed, what travelling allowance to be allowed to private persons who have to perform journeys in connection with Government work, at what rates rail and road mileage allowances and daily allowances are to be calculated, how travelling allowance bills should be scrutinized by Controlling Officers, which officers are given a fixed monthly travelling allowance or conveyance allowance and the terms and conditions under which such allowances may be granted, in which cases travelling allowances can be paid to Government servants even when the journeys performed by them are not directly connected with Government work, who are the Controlling Officers in respect of various classes of Government servants etc. It also contains a list of the delegations made to various authorities under the Travelling Allowance Rules.

(8), (9) and (10) Financial Handbook, Volume V, Parts I and II, and Volumes VI and VII – The Financial Handbook, Volume V is divided into two parts. The rules in Part I describe procedure relating to all financial transactions of Government and to initial and compiled accounts to be maintained in subordinate offices. They are applicable to all departments of the State Government. Part II describes the procedure to be observed in treasuries in respect of transactions with the public and with departments of Government. For the Public Works and Forest Departments, the rules in Volume V are supplemented by Special Account Rules contained in Volumes VI and VII of the Financial Handbook respectively.

(11) The Budget Manual–The Budget Manual contains the rules framed by the Finance Department for the guidance of estimating and controlling officers and departments of the Secretariat in regard to budget procedure in general and in particular to the preparation and examination of the Annual Budget estimates and the Schedules of New Demands for the ensuing financial year, and keeping a watch over the progress of receipts and expenditure. Rules relating to revised and supplementary estimates for the current financial year, the demand of excess grants for any preceding year, reappropriation of funds, surrender of savings, grant of advances from (and recoupment thereof) the U. P. Contingency Fund and financial irregularities will also be found in that Manual.

(12) The Sub—Treasury Manual—The Sub– Treasury Manual contains rules of procedure for the use and guidance of all Sub-Treasuries in Uttar Pradesh. It brings together for facility of reference and application, all the relevant rules relating to Sub- Treasuries which are to be found in different Codes and Manuals. The rules contained in this publication are thus generally based on the existing rules but new rules based on the existing practice or requirements of Sub-Treasuries have also been included.

(13) Compilation of Treasury Rules–This is a Central Government compilation of Treasury Rules. The rules regarding the procedure to be followed at Government Treasuries in connection with the movement of funds, the custody and remittance of treasure and for the supply of currency to the public which were formerly laid down in the Resources Manual are now contained in the Compilation of the Treasury Rules. Until Government issues rules for treasuries in this State in connection with matters dealt with in the Manual such as the custody of the treasury balances and the procedures to be followed in receiving and disbursing money held in these balances, the rules in Compilation of the Treasury Rules should be followed.

(14) Treasury Manual—It is a compilation of circulars and general letters issued by Government of Uttar Pradesh, Accountant General, Uttar Pradesh and C. A. G. from time to time.

(15) Manual of State Provident Fund Rules—This Manual contains at one place, besides the Provident Fund Act, 1925, the different sets of Provident Fund Rules alternatively applying to the State Government servants and the important orders and instructions issued by Government from time to time to supplement, explain or elucidate the direction in the Rules. The Rules together with a compendium of Government orders appearing at the end of the Manual, inter alia, indicate a compulsory minimum rate of subscription, ability to feed insurance policies form such subscriptions, and the circumstances in which temporary and permanent advances from the accumulated balance of subscription may be sanctioned for a limited range of objects. Authorities who are competent to sanction temporary advances for special reasons have been listed in a Schedule under the relevant Provident Fund Rules.

(16) U. P. Local Fund Audit Manual—It contains the audit procedure of local bodies, educational institutions, Universities and other institutions aided by the State Government. It also contains the rules to levy the audit fee on the institution concerned.

485. Miscellaneous Rules—The following rules of general interest are issued by the Finance Department and are published as separate booklets which are obtainable from the Superintendent Printing and Stationary, Uttar Pradesh, Allahabad:—

(1) The U.P. State Insurance and Endowment Assurance Rules.

(2) The U. P. Civil Services (Extraordinary Pension) Rules.

(3) The U. P. Sales Tax Act and Rules.

(4) Manual of State Provident Fund Rules.

(5) U. P. Civil Pensions (Commutation) Rules.

(6) U. P. Liberalised Pension Rules, 1961.

CHAPTER 55

(Manual of Government Orders)

PENSIONS

A—Rules as to maintenance of the list of pensioners at tahsils and reports regarding their death or disappearance

496. Furnishing of extracts from list of pensioners by Treasury Officer—Each tahsildar shall be furnished by the Treasury Officer with an extract from the list of all pensioners (maintained at treasuries under paragraph 511 of the Financial Handbook, Volume V, Part II and paragraph 277 of the Sub-Treasury Manual) who reside within the limits of his jurisdiction wherever their pensions may be paid.

The extracts shall give the following particulars regarding pensioners:

( i ) the number of the Pension Payment Order,

( ii ) the name, rank and residence of the pensioner, and

( iii ) the amount of pension,

and can be prepared in Form no. 51 of the Financial Handbook Volume V, with suitable amendments in the heading and column 2 of the form.

The Treasury Officer shall also communicate to the tahsildar in the same form all changes in the list of pensions as soon as they are made, and also all cases of pensions that remain undrawn for a year.

497. Maintenance of the list of pensioners at tahsils—From the extracts received from the Treasury, the registrar kanungo at the tahsil shall compile mauzawar lists which shall be filed in the same order as that of mauzas in the registers of the registrar kanungo. The mauzawar lists shall be corrected and kept up-to-date according to the changes intimated from time to time by the Treasury Officer.

The extracts shall be sent every year in May to the Treasury Officer, where they shall be amplified and corrected by addition of any names entered during the year and expunction of names removed from the treasury list. They shall be returned, duly corrected, to the tahsildar before the 1st July, who shall then have mauzawar lists compared and corrected.

498 Check of mauzawar list and inspection of pensioners—Every six months the tahsildar shall check correctness of the mauzawar lists of pensioners from the extracts furnished by the Treasury Officer. The tahsildar and the naib-tahsildar, when on tour, should make a point of seeing as many pensioners as they conveniently can, and personally ascertaining that they are alive. A note of the inspection should be made against the pensioners’ name in the mauzawar list.

499. Verification and report of death of pensioners—The death or disappearance of any pensioner reported by the officer-in-charge of a police station or by a relative or friend of the pensioner under paragraph 524 and 525 of the Financial Handbook Volume V, Part II, or by the lekhpal under paragraph 22(4) of the Land Records Manual, or discovered by the tahsildar or naib-tahsildar in the course of their inspections or otherwise should after verification, be immediately reported to the Treasury Officer and the list at the tahsil corrected accordingly.

500. Communication of names of pensioners to lekhpals and periodical inquiries regarding existence—(1) The registrar kanungo shall communicate to the lekhpal the names of all pensioners residing in his circle. Subsequent changes made in the mauzawar lists of pensioners shall be communicated to the lekhpal at his next visit to the tahsil.

(2) Twice a year in the months of January and July, the registrar kanungo shall make inquiries from the lekhpals regarding the existence of pensioners resident in their circles. Any cases of death or disappearance of pensioners brought to notice shall be dealt with as in paragraph 499.

501. Tahsildar to check work of lekhpals—The tahsildar shall see that the lekhpals do their duty in respect of reporting the death or disappearance of pensioners as required by paragraph 22(4) of the Land Records Manual, using for this purpose the information received from the Treasury Officer or the officer-in-charge of a police station or gathered by him or the naib-tahsildar in the course of their personal inquiries or otherwise.

B—Rules regarding payment of pensions

502. Authorisation for payment of pensions at Sub-Treasuries—Under Article 952 of the Civil Service Regulations, a Treasury

Officer is authorised to allow the payment of a pension in any outlying treasury subordinate to the district treasury. Thus, to save pensioners the expense and inconvenience of attending the district treasury. The Treasury Officer may authorise payment, wherever practicable, at a Sub-Treasury instead of at the District Treasury.

503-A. Payment of pension in presence of Treasury Officer or Sub-Treasury Officer—Payment of pension at the headquater’s treasury shall be made in the presence of the Treasury Officer.

Similarly, when any pension is ordered to be paid at the tahsil, its payment shall always be made in the presence and on the responsibility of the tahsildar himself or the naib-tahsildar in the unavoidable absence of the tahsildar on duty elsewhere (both of whom are prohibited from delegating this duty to any subordinate); and a life certificate of the pensioner signed by the tahsildar or the naib-tahsildar shall invariably be transmitted by him to the Treasury Officer when any such payment is made in the absence of the pensioner.

503-B. Payment of pension through Public Sector Banks—The Scheme for payment of pensions of the U. P. Government Pensioners through Public Sector Banks has been introduced with effect from March 1, 1979. This scheme covers all State Government Pensioners including All-India Service Officers who retire or have retired from a post under the State Government and such other pensioners (including recipients of Family Pension) whose pensions are debitable to the Consolidated Fund of the State. The pensioner will have the option to draw his pension according to the existing rules from the Treasury or from any branch of the authorised Public Sector Banks in the State in accordance with the rules laid down in the O. M. mentioned in the margin.* Under this Scheme, pension payment will be automatic and no bill will be required to be submitted to the Treasury or the Bank. The amount of monthly pension will be credited by the paying branch selected by the pensioner to his individual savings/current account at the commencement of the following month. The pensioner would be required to furnish a life certificate only once a year in the month of November in the prescribed form. An officer of the Public Sector Banks or the Reserve Bank of India has also been authorised to give a life certificate for this purpose in addition to the officers mentioned in para 518 of the Financial Handbook, Volume V, Part II.

* O. M. no. A—1—2840/X/10-16 (75), dated January 1, 1979.

504. Special enquiry in cases of pensioners over 70 years of age— The Accountant General shall in November each year make out lists of pensioners, whether political or service, paid from each treasury whose age is shown in the register maintained in the Accountant General’s office to be over 70 years and shall send each list to the Treasury Officer concerned, with the request that the continued existence of the pensioners may be attested by special enquiry. District Officers are required to see that this special enquiry is carefully made and due report furnished to the Accountant General. This matter should also receive the attention of Commissioners during their tours of inspection. Treasury Officers should bear in mind that they are personally responsible for any payments wrongly made.

505. Recognition of pardanashin pensioners—In the case of pardanashin pensioners it is ruled that they must be actually recognised as required by paragraph 516 of the Financial Handbook, Volume V, Part II by no less than two respectable persons living in the same town, village or pargana with whom the verifying authority, i. E. the tahsildar or the naib-tahsildar, is personally acquainted.

CHAPTER 116

(Manual of Government Orders)

U. P. OLD AGE PENSION SCHEME

822. Old age pension scheme—(1) The Uttar Pradesh Old Age Pension Scheme was approved by Government (vide G. O. no. 2(P)/XXXVI-B-1 (P)-57, dated October 19, 1957) and was introduced in December, 1957. Originally, the pension under this scheme was sanctioned by the Labour Commissioner, Uttar Pradesh, Kanpur, on the recommendation of the District Magistrates. The amount of old age pension was also remitted by the Labour Commissioner to the pensioners by money order every quarter. In order to mitigate the hardship of old persons and pensioners, the power to sanction pension under this Scheme and to remit the amount of old age pension to the pensioners, has been delegated to all the District Magistrates of Uttar Pradesh, with effect from September 1, 1975. The present rate of pension under this Scheme in Rs. 40 per month.

(2) All destitute persons of 65 years of age and over, who are domiciled and have resided in Uttar Pradesh for more than a year on the date of the application, are entitled to old age pension under the scheme. Any displaced person from any other State, who is settled in Uttar Pradesh for more than three months, will also be eligible for old age pension. In respect of widows or such persons who are invalid or totally unable to earn their livelihood due to some bodily defect, the minimum age is 60 years.

(3) A ‘destitute’ is a person without any source of income who has no relative of 20 years and over of the following categories:

( i ) Son, son’s son (grandson)

( ii ) Husband, wife.

This is subject to the condition that—

(A) the person will also be considered destitute if all his relatives of the above category are—

(a) over the age of 65 years and have no income of their own, or

(b) themselves economically poor and are unable to help, or

(c) totally incompetent to earn their livelihood, i. e. they are blind, leper or mad,

(d) continuously untraceable for at least seven years, or they have become mendicants and severed their connection with their family and, after making such enquiry as he thinks necessary, the District Magistrate is satisfied that the relative in question is untraceable or has become mendicant

(B) Beggars and mendicants and persons maintained free of cost at poor houses shall not be considered to be destitutes.

(C) Where husband and wife, both, are over the age of 65 years and destitutes, both of them are entitled to old age pension